Our solicitors have experience at claiming compensation from travel companies. We represent both clients and employees who have been injured abroad. Catherine Smith introduces our no win no fee service in this video.

Read more about claiming compensation from tour operators below, or use our free legal advice service opposite to ask us a question or to get started making a claim.

Suing A Travel Company For An Accident Abroad

For the majority of people a holiday is one of the few opportunities in the year to spend time with their families and relieve the stress of their working lives. Budget airlines have made regular holidays increasingly common. Many choose to book package holidays with travel agents due to competitive prices, and the fact that it is easier to arrange and pay for everything in one go (all-inclusive breaks being an example). For thousands of people every year however, holidays are ruined due to accidents, injuries and illnesses caused by defective facilities at hotels and resorts overseas. An injured person may spend their entire holiday in hospital, and families may be obliged to care for them, and abandon their own holidays during that time. Standards at overseas destinations are often below those one would expect in developed countries, and foreign jurisdictions may have complex legal systems. An injured person may however bring a personal injury compensation claim under UK law if their holiday was a package deal sold by a UK tour operator. Customers returning from holiday often ask our lawyers; can I claim compensation from my tour operator for an injury that happened abroad? The answer is usually yes. However, every case is different and we recommend that you contact one of lawyers with the exact details of your accident.

Package Holiday Injuries - The Legal Position

The Package Travel, Package Holidays and Package Tour Regulations 1992 state that tour operators owe a duty of care to their customers, and are responsible for health and safety standards at the resorts of their representatives. These regulations answer the common questions of if and how a person can claim compensation from a holiday package company. There are various advantages in bringing a claim under UK law, including fairer legislation and higher compensation awards. The Package Travel Regulations also protect customers if their tour operator has gone bankrupt. A package holiday is defined as a trip offered at an inclusive price, including two out of three elements; transport, accommodation and other tourist services such as tours and excursions which make up a significant portion of the package. The trips must be for longer than 24 hours, and/or include an overnight stay. All the components of a trip need to be paid for as one for it to qualify as a package holiday. A compensation claim against a UK tour operator for an injury or illness on holiday needs to be brought within the statutory limit of three years from the date of the event, as with all personal injury claims.

Find Out More About: Claiming Compensation For Accidents On Thomas Cook & Club 18-30 Holidays

Responsibilities Of Overseas Hotels & Resorts

When buying a package deal a contract is created under which the tour operator is responsible for the behaviour of their representatives (or sub-contractors), including hotel management and staff. They must fulfil their obligations to customers to the standard expected under UK law. Holidaymakers are protected at every stage during of their trip. This includes flights, airport transfers, organised excursions, as well as all activities that take place at the hotel and inside its grounds. Accidents on holiday are normally the result of defective facilities, or the negligence of a hotel's management or staff. Often such events are emotionally traumatic, especially where language barriers exist, or when management is unresponsive to emergency situations. These factors are reflected in compensation awards for pain and suffering, as well as loss of enjoyment (or amenity). These awards will be separate to, and often considerably in excess of damages for travel and medical expenses.

Find Out More About: Claiming Compensation For Accidents In Foreign Hotels

Main Causes Of Holiday Accidents

There are a multitude of potential causes of accidents and injuries on holiday. The major category is classified generally as defective premises. This would include broken paving stones, swimming pool tiles, hotel room furniture, fittings, and balconies. Slips and falls are often caused by cleaning fluids left on floors and spilled food and drink. Burns may be caused by scalding taps in bathrooms, or electric shocks may be sustained from faulty electrical equipment. Chairs and beds may collapse due to defects, or sports equipment provided by a hotel may be poorly maintained and hazardous. Activities, often involving children, may be unsupervised creating dangerous situations. Rental cars provided as part of package deals may be in a poor state of repair, often the direct cause of serious road traffic accidents. Tour operators are also responsible for the actions of taxi and coach drivers, when road trips such as airport transfers and excursions are included as part of a package holiday. Dangerous driving is one of the most common causes of accidents involving UK holidaymakers overseas.

Find Out More About: Claiming Compensation For Water Sports, Swimming & Skiing Accidents

Main Causes Of Holiday Illnesses

Food poisoning and illnesses due to contaminated water are regularly the result of poor hygiene standards at foreign destinations. Food may be undercooked, past its sell by date, or otherwise contaminated. Gastric illnesses such as diarrhoea and norovirus can ruin a holiday, while more serious diseases and potentially fatal illnesses including salmonella and Legionnaires' disease may also be contracted. Faulty radiators and boilers may omit dangerous levels of carbon monoxide in confined areas, while the level of chemicals used to treat swimming pools may also be excessive. Again, the range of specific causes of illnesses on holiday is very broad, and it is responsibility of the tour operator to ensure that poor hygiene standards at the premises of their representatives is not to blame.

Find Out More About: Claiming Compensation For Illness On Holiday

Bartletts Solicitors are specialists in claiming compensation from UK tour operators for injuries and illnesses sustained by their customers while on package holidays. We work on a no win no fee basis meaning if you win your case you keep 100% of damages awarded, and if you lose you do not pay a penny.

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